Kids do get choked by their toys while they are playing, which make their parents go forward with their product liability claims. For the same, the adults can also file a lawsuit stating the injury to them. Moreover, product liability lawsuits also constitute choking hazard claims as a particular sub-category. These lawsuits are filed by the concerned parents on behalf of the child who was injured due to choking.
Several toys for kids choking already include the label warning that it may be a potential choking hazard. The products can be any such common toys like that of a board game, a set of building blocks or any such toys by which a toddler play. The small parts of these toys are likely to be put inside the mouth by the kids and it leads to serious problems.
It has become quite mandatory for the manufacturers to provide a warning label to the potential consumers about the choking hazards it may create to the toddlers while they are playing with these toys. The seller and distributors are also included in this list by the US Product liability law, so as to caution the consumers. Moreover, the products should also meet specific federally mandated needs.
On further such cases, you may even file a lawsuit to recover any damages caused by any unlabeled products. Moreover, even if you are using the products in the etiquettes it was intended and still gets choked, you may file a lawsuit for recovering such injuries as well. Your age will not be considered as a criterion of moving on with such lawsuits.
Situations That Call for Considering Choking Hazard Lawsuit
When it comes to defective products, some jurisdictions do impute strict liability on resellers or manufacturers. The injury caused to the children or adults itself is evidence of a product that is defective, for which you don’t even have to prove that the makers were negligent. For the damage triggered by their product, they will be strictly held liable.
Products That Necessitate Choking Hazard Warning
Detailed and specific regulations are set by the United States Consumer Product Safety Commission for toys and other such products. These protocols are envisioned for use of children aged up to three and meanwhile, for the older consumers, there should be a more general warning about the product. The rules must be obeyed by manufacturers, suppliers, and retailers.